Rex Patrick (SA, Independent) Share this | Hansard source

I rise to speak on this report of the Standing Committee for the Scrutiny of Delegated Legislation and, indeed, do so as an outside, not a member of this very important committee of the parliament. I want to say, and I mean this genuinely, that the words used by Senator Fierravanti-Wells in addressing this report are some of the most important words that have been spoken in this chamber in the time that I've been here. I want to reflect on something I heard today in the chamber, and then I'll come back to the point that Senator Fierravanti-Wells made. Senator Paterson, during the committee stage of the foreign affairs legislation, made the statement that the government is responsible to the people. That is not actually the case under our Constitution. The way it works is that the government of the day is responsible, through ministers, to this parliament and it is this parliament that is responsible to the people. That's really important. I'll go to the Constitution to illustrate the importance of the statements being made in the chamber. Section 1 of our Constitution, entitled 'Legislative power', states:

The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate and a House of Representatives, and which is hereinafter called The Parliament or The Parliament of the Commonwealth.

It is the parliament's role to pass laws. That's a really important principle, because the people who write the delegated legislation, of which half in volume is written by officials, are not responsible to the people. They are not able to be removed by a vote of the people. In fact it's very difficult even for a minister to remove a person who might be writing this delegated legislation. When legislation is to be considered, it ought to be done in an open manner in the Senate chamber, where it can be debated and where the people can watch and hear what people say. And once every three years, or perhaps six in the case of some senators, they can exercise their right either to support that member or have them removed.

An honourable senator: Hold them accountable.

Hold them accountable—thank you. That is not the case for delegated legislation, and it concerns me.

I think we should pay regard to the two very senior people who are the chair and the deputy chair of the committee. They have a great deal of experience in this place. I commend Senator Fierravanti-Wells. It's a committee I really didn't notice very much until Senator Fierravanti-Wells started to chair it. Having someone as strong as Senator Fierravanti-Wells backed up by Senator Carr is a very powerful combination. I used to watch Wacka Williams come in here; he would stand up and move these motions announcing a possible disallowance, and I used to think: 'Jeez, he's a rebel.' Of course, I like rebels. I love rebels! Perhaps falsely, that was how I developed an affinity with Wacka. But since this committee has been chaired by the current chair and deputy chair, I've certainly started to take notice.

I must congratulate Senator Fierravanti-Wells for the job that she's doing. Again, I say her contribution this afternoon is one of the most important contributions I have heard in this chamber during my time here. I would ask that all senators listen to what has been said and look at the series of reports that are coming from this committee, because it's directed at us and our responsibility to our Constitution and to the people we represent.